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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have just got divorced,We own jointly a house,but I own a

Resolved Question:

I have just got divorced,We own jointly a house,but I own a flat,both are mortgage free.
Ex is trying to get out of allowing me to take the£20,000 I used from my pension pot to pay off mortgage and invest in flat. He is 8year's younger than me,we were married for 30year's,so I don't want any of his pension pot when he eventually gets it.
Can I gift flat to my children.so that he can't touch it?
I live in house at moment unit it is sold,flat is rented out
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Decree Absolute and how far have the financial negotiations reached?
how much are the two properties worth?
Clare
Customer: replied 3 years ago.

Absolute was finalised in February no negotiating ex wont say what he wants only that he is not willing to let me have£20000 moreu than him we have already sold a house and have spilt equity equally,house I am in valued at 100k flat 55k

Customer: replied 3 years ago.

Can you give me an idea of how long I must wait for answer please

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
How much did you each receive from the other property and how much is his pension worth?
Clare
Customer: replied 3 years ago.

Equal amount from equity,I don't want to discuss details online,his pension lump sum will be more than mine was

Customer: replied 3 years ago.

Amount we each got is less than 65k well under cgt threshold

Customer: replied 3 years ago.

Hi will need an answer soon

Expert:  Clare replied 3 years ago.
Hi
There is no point in transferring the flat into your children's names unless your ex agrees as the Court can set the transfer aside
The Starting point for division of the assets is 50/50 - but that includes pensions so if his pension value (not lump sum but actual fund value) is larger that yours then you have a clear claim for a pension sharing order OR a larger share of the capital assets.
You should try and negotiate with him using Family mediation (www.familymediationhelpline.co.uk) otherwise your only option is a court application - at which point please do include a claim for a pension sharing order as it is a very strong bargaining point for you
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you